Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.

Get a Professional Answer

Via email, text message, or notification as you wait on our site.Ask follow up questions if you need to.

100% Satisfaction Guarantee

Pay nothing to your Expert if you're not satisfied.

Questions about Voluntary Separation Program

A voluntary separation package can have many benefits. However, it is important to read through the paperwork carefully to ensure that it is designed to suit the employee’s best interests. Employment Lawyers on JustAnswer can help you with your questions regarding voluntary separation packages quickly and easily. Write to them for legal expertise now. Listed below are some of the top questions on voluntary separation packages answered by the Lawyers.

I have just received what looks like a good voluntary separation package from my company. I’d like an attorney to review it to ensure that it does not have any requirements that do not benefit me. Where can I find one who has expertise in this area?

As a post employment incentive, my company has asked me to sign a waiver form indicating that I would like to receive 20k cash payment as part of a voluntary separation incentive program. I’m also being asked to “release the County from all known and unknown claims you may have against the County, which arose or could have arisen out of your employment or resignation of employment with the County." There is a lawsuit versus the County with regard to medical benefits post retirement. I am a part of that and would like to know if I would be included in that settlement?

When you sign a waiver form in return for cash payment, you are actually settling the lawsuit and the county will have no liability towards you for their actions. You would need to assess the situation and understand if the 20k being given to you would be more than you would be obliged to get in any settlement. You could ask Employment Lawyers on JustAnswer for more information by presenting your case in greater detail.

I am concerned with a clause in my separation agreement that says that “the parties agree that Employee ended her employment with Company effective 19 June 2009.” I would like to know if I am still eligible to collect unemployment and to receive my COBRA benefit and 401k?

This clause could be interpreted to mean that you quit the company. Therefore, it is likely that it could prevent you from receiving unemployment benefits. If these benefits are important to you, try and bring in a clause that states that the employer let you go from employment due to no fault of yours. However, you should still be eligible to receive COBRA and 401k.

I am considering a voluntary separation package. About 7 years ago, at a team building offsite, I injured my back and ruptured 2 discs. I still suffer from back pain and some numbness in my foot. This injury is on record and was filed as a worker’s compensation claim. I want to know whether it would be smart to sign the separation release contract and release the company of all liability with regard to this. If I decide to let go of the package and get separated involuntarily, can I hold the company liable for this medical problem which will probably become worse in the future?

To begin with, severance is more a business practice than a legal requirement. If you choose not to sign the release, there is every chance that your employer will not offer you the package. Most organizations will ask for a general release of all claims spanning your entire employment period. In case you decide not to take the package, you could sue your employer. However, you may not have enough grounds to do so since your claim has been handled by worker’s compensation and in any case would be time-barred. It is in your best interest to consider the package and negotiate with your employer regarding this issue. If you have more questions with regards to this case, ask Employment Lawyers on JustAnswer for more legal advice.

There are many reasons why employees would choose voluntary separation packages. Yet, understanding all the implications and reviewing them properly can help you avoid unnecessary misunderstandings with your employer later on. Employment Lawyers on JustAnswer can address all your questions on voluntary separation at affordable rates. Contact them now.

Connect one-on-one with an employment lawyer who will answer your question

Type your Employment Law question here...

characters left:

Employment Lawyers are Online Now

Connect one-on-one with an employment lawyer who will answer your question

I have a question re what I guess would be under employment lawJA: What state are you in? It matters because laws vary by location.Customer: Florida, my job was eliminated and i was given a severance package.JA: Has anything been filed or reported?Customer: yes, I had to sign a legal document that says at the top that I lose my right to sue them...the document is 5 pages....I dont want to sue them, I just want to know if I do not find a job by the end of the severance package will I be able to file for unemployment....I worked there 20 yearsJA: Anything else you want the lawyer to know before I connect you?Customer: i dont think so

I was let go from my job 2 weeks ago and offered a severance in exchange for signing a "voluntary separation and release agreement". I have done some research and I don't believe signing this agreement would prohibit me from also collecting unemployment while I search for a new place of employment. I also would like to ensure the wording in the agreement is standard. Thank you.

My 25 year old daughter works for a large company for 3 yrs this Oct and has been a good employee with a wonderful work ethic. She has a severe eating disorder and was in residential treatment for 9 weeks from Oct to Dec, 2015. She used 9 weeks of FMLA, and relapsed and was sent back to treatment the end of April until the 3rd of July, 2016. She asked to work remotely, so she could go to aftercare. She worked 1 day, July 8th, relapsed and had to go to the hospital for 5 days and back to residential treatment. She was notified that if she is unable to return to work by Aug 4th, she will be terminated due to being unable to return after medical leave. She has used up all of her FMLA plus personal leave time. Is it better for her to quit her job rather than be terminated, so that if/when she gets healthier, a prospective employer would be more likely to hire her? How would quitting affect her COBRA, unemployment, and long- term disability?

I had an employee who was due to return from their vacation on Monday,. They called out of work on that Monday with personal issues. The employee was then scheduled to work on Tuesday, Wednesday & Thursday. The employee failed to show up or call out for any of the three shifts. Later the evening on Thursday past the scheduled time to work the employee called their Boss to ask where their paycheck was. The boss explained to the employee that they had their check and that they could pick it up the following day and to bring their uniforms with them. The employee came to work on Friday to get their pay check. Once they arrived at work the employee was asked to meet with their two bosses and human resources. When the employee entered the office they smelled strongly of alcohol and were slurring their speech. The boss said to the employee that we considered this their resignation since they stopped calling or showing up for work. The employee said they were not resigning that they were being fired. The boss went onto to explain to the employee that they were not being fired and that if they wished to get assistance with their drinking issue that the boss would help the employee get into a rehab facility. The employee said that they had the issue under control and did not need the bosses assistance with seeking rehabilitation. The boss stated to the employee how could they say that when they currently reeked of alcohol and the boss again offered to assist the employee with getting help. The employee again said no they did not want any help. Then the boss stated to the employee that the only reason you came in today was to tell us that you were fired so you can collect unemployment. The employee said yes what else were they supposed to do until they can find another job.The employee has had many past issues with attendance due to their personal issues. The employee was given the employee handbook which they read and signed. The employee handbook clearly states that three consecutive days of unexcused absences (no call/no show)will constitute job abandonment, a voluntary separation of employment. The employee was explained this again on Friday and signed the written warnings showing his three consecutive days of unexcused absences.The employee did file for unemployment which we are currently disputing.My questions are: Can I send all of this information about the employee's drinking and the offer of rehab to the unemployment office without violating any of the employees rights? Does what happened constitute a resignation or termination?

I am a 66 year female employed with a major company for the last 5 years. I was given notice that my job was being eliminated and that I along with several others were being RIFFED. I was not happy, but I accepted that. One week later ( before my last day) a VP sent out an email announcing the hiring of 3 new people (all under 30) and talked about the "fresh young faces" in the company and how they would be able to "grow them up" in the company. I am quite capable and experienced to do any of those jobs (I am not a highly paid employee) but was never offered the opportunity. they are now advertising for new positions. I feel as if these decisions were age related. any advice?

I received a WARN notice, but I have been offered a retention agreement with a 1 year duration. I am currently clarifying the vague terms within the retention agreement, but if it turns out that I am not satisfied and do not with to sign the agreement, do I forfeit my 60-day WARN and default severance or in other words, can my refusal constitute a voluntary separation on my part?

I recently tried getting a reinstatement to get my job back. I was denied twice and not given explanation. Just a simple not at this time, when I know they are hiring amd need people. I was a Border patrol agent. I feel it is retaliation due to the fact that I filed before a grievance which allowed me to have facial hair in the work environment. This caused a hostile work environment and the union at the time was involved. By filing on the management team it caused for me to be black balled and treated differently. I decided after 1 month to drop the grievance which I had won and simply get back to work. Now that I left and trying to return those same individuals won't let me retun. Can I file suit?

My company is being bought out & we will transition to the new company in about 6 weeks. I am presently a manager (exempt). The new company needs me to help them get thru the "transition" and I will remain a manager until they officially take over. However, they plan to change my job title to "coordinator" (a lesser title/demotion). However, my responsibilities will actually increase, the pay rate may or may not be the same ("may be slightly less"). It may change from salary to hourly.Essentially, on the date of the takeover, my present job as manager will end.If I do not accept the demotion, would it be considered voluntary termination, or would it be a lay-off due to my present position being eliminated?Would I be eligible for unemployment benefits?

I was given my first "below standard" performance rating in 18 years with the company. (I feel this was unfair, but that is another topic). I'm a mid-level manager. Incidentally, the company has also entered into a cost cutting cycle, and they are offering a Voluntary Separation Agreement Package. Those not eligible are those of c-level 43 and higher, I am C-41, or those who didn't at least get an "at standard" or above rating on their last performance review. (C-levels are our pay scales)I am not eligible due to the rating of "below standard". They sent a memo out to those over 40 in the company detailing the separation agreement and bulleted the ineligibility rules as I stated above. They followed that with a table of all employees in the company that showed their title, age, and a "yes" or "no" for whether or not they are eligible for the VSA. It did not have names, but we are a company of only 300, and many have unique titles, such as myself. I obviously had a "no" under eligibility due to the performance rating. Since everyone in the company knows I am not at a pay level of c-43 or higher just based on our org chart, everyone now knows I had a below standard performance rating! My own employees, and a few co-workers have consoled me on the fact that 1) I received a below standard rating and 2) that the whole company now knows. Thus, it's not just paranoia on my part that the rest of the company will know this, it is an actual verifiable affect of this company wide memo. Those that approached me are as incredulous as I am that they put this information out. (Also because as I suggested above, I didn't deserve the rating.)Can I file a complaint about this? Aren't performance ratings to be kept confidential?

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.